Deepwater Wind - Energy Highway

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approved Private Aid to Navigation (PATON) from the U.S. Coast Guard for
navigational lighting of the structure. Because the Wind Plant is outside of the federal
territorial seas (i.e. beyond 12 nautical miles), the Federal Aviation Administration
(FAA) review of structures over 200 feet will not apply to the Project. 5
Environmental resource protection agencies, including the National Marine Fisheries
Service, and the U.S. Fish and Wildlife Service, and the U.S. Environmental Protection
Agency, will be responsible for reviewing Project impacts to protected resources and
evaluating the need for mitigation or permitting. These agencies will have the
opportunity to comment through interagency consultations required for federal
permitting. NMFS and USFWS will review impacts to marine, coastal, and terrestrial
threatened and endangered species protected by the federal Endangered Species Act
(ESA). Impacts to non-listed species and habitats will also be evaluated under several
other wildlife protection laws, including the Migratory Bird Treaty Act (MBTA), the
Bald and Golden Eagle Protection Act, the Marine Mammal Protection Act (MMPA),
and the Magnuson-Stevens Fishery Conservation and Management Act. The EPA will
review the Project for potential air emissions from construction and operation vessels
with respect to state non-attainment areas for criteria pollutants.
State Permitting Requirements for the Project
The portion of NELI within New York state waters will require a Certificate of
Environmental Compatibility and Public Need under Article VII from the New York
State Department of Public Service, Public Service Commission. The Article VII process
requires a full environmental, public health, and safety impact review of the siting,
design, construction, and operation of major transmission facilities in New York. The
environmental review under Article VII is conducted in lieu of a State Environmental
Quality Act (SEQRA) process for the PSC permit.
The Project will also require a federal consistency review under the New York
Department of State, Coastal Zone Management Program, the Rhode Island Coastal
Resources Management Program (RICRMP) and the Massachusetts Coastal Zone
Management Program (MA CZMP). The Rhode Island Coastal Resources Management
Council (RI CRMC) recently adopted the Ocean SAMP into the Rhode Island Coastal
Resources Management Plan. The Ocean SAMP outlines enforceable policies and
recommendations to guide RI CRMC in promoting a balanced and comprehensive
ecosystem-based management approach for the development and protection of oceanbased
resources within the Ocean SAMP study area, which extends into federal waters.
The Wind Plant is located within the Ocean SAMP study area and has been sited to
conform to the results of the Ocean SAMP.
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5 Notwithstanding this lack of jurisdiction, Deepwater plans to consult with the FAA.
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